Sec. 2116. LIMITATIONS OF ACTIONS

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## Sec. 2116 LIMITATIONS OF ACTIONS **[**300aa–16**]** ###

(a)General Rule In the case of— ####

(1)a vaccine set forth in the Vaccine Injury Table which is administered before the effective date of this part,15 if a vaccine-related injury or death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury or death after the expiration of 28 months after the effective date of this part15 and no such petition may be filed if the first symptom or manifestation of onset or of the significant aggravation of such injury occurred more than 36 months after the date of administration of the vaccine, ####

(2)a vaccine set forth in the Vaccine Injury Table which is administered after the effective date of this part,15 if a vaccine-related injury occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury after the expiration of 36 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury, and ####

(3)a vaccine set forth in the Vaccine Injury Table which is administered after the effective date of this part,16 if a death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such death after the expiration of 24 months from the date of the death and no such petition may be filed more than 48 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted. 16Effective October 1, 1988. ###

(b)Effect of Revised Table If at any time the Vaccine Injury Table is revised and the effect of such revision is to permit an individual who was not, before such revision, eligible to seek compensation under the Program, or to significantly increase the likelihood of obtaining compensation, such person may, notwithstanding section 2111(b)(2), file a petition for such compensation not later than 2 years after the effective date of the revision, except that no compensation may be provided under the Program with respect to a vaccine-related injury or death covered under the revision of the table if— ####

(1)the vaccine-related death occurred more than 8 years before the date of the revision of the table, or ####

(2)the vaccine-related injury occurred more than 8 years before the date of the revision of the table. ### (c)17 State Limitations of Actions If a petition is filed under section 2111 for a vaccine-related injury or death, limitations of actions under State law shall be stayed with respect to a civil action brought for such injury or death for the period beginning on the date the petition is filed and ending on the date

(1)an election is made under section 2121(a) to file the civil action or

(2)an election is made under section 2121(b) to withdraw the petition. 17See footnote for section 2112(g).